Court : Kolkata
Sanjib Banerjee, J. 1. The writ petitioners question a decision of April 7, 2009 by the grievance redressal committee of the respondent private bank declaring the petitioner company to be a willful defaulter within the meaning of a Reserve Bank of India master circular dated July 1, 2008. There are several levels on which the challenge has been launched. The petitioners allege that the master circular is unconstitutional and, in any event, the grievance redressal mechanism contemplated there under is a meaningless, facile exercise. They say that even if the master circular is upheld in its entirety, the relevant committee of the bank may still be found to have acted without jurisdiction since the master circular applies to lender-borrower transactions between a bank and another; and, the nature of the agreement which is the subject matter of the proceedings did not involve a lender-borrower relationship between the bank and the petitioner company. The petitioners also allege violation ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
Sinha, C.J.1. This application and anumber of other applications relate to a group of cases commonly described as 'gherao' cases. The expression 'gherao' is not entirely new, and already finds place in three Bengali dictionaries. But as will be presently described, it has now acquired a connotation and meaning which is entirely new. In its new garb it has acquired a semblance of enviable notoriety News of gheraos are now widely published in news-papers and are avidly read by the public Like many other words it may soon be considered as a contribution of West Bengal to semantics and I have no doubt that it will presently appear in all standard dictionaries in the English language The origin of the word 'gherao' is not easy to ascertain. As I have already mentioned the word occurs in three Bengali dictionaries. In the dictionary compiled by Jnanendra Mohan Das, the word 'gherao' is stated to have been derived from the Hindi word 'ghirao' and means 'covered or encircled'. It is alsomentio...
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal649,66CWN395,[1962(4)FLR89],(1962)IILLJ62Cal
ORDERB.N. Banerjee, J.1. An objection to the maintainability of the present application has been raised as a preliminary objection.2. The petitioner, tile West Bengal Press Workers and Employees' Union, claims to be a trade union of workmen employed in different printing presses in West Bengal, including a press known as the Art Union Printing Works Private Ltd., (respondent No. 1).3. The working conditions, scales of pay and dearness allowance of workmen in printing presses became the subject-matter of certain awards, more or less on industrywise basis, during the last several years. One such award between 169 printing presses in Calcutta and Howrah (including the respondent No. 1 press) and their workmen was published in the Calcutta Gazette, dated May 11, 1948. The other such award between 90 printing presses (including the respondent No. 1 press) and their workmen was published in the Calcutta Gazette, dated March 1, 1951.4. The dispute, out of which this Rule arises, is the third ...
Tag this Judgment!Court : Kolkata
Reported in : 71CWN897
Ray, J.1. This appeal is from the order of P.B. Mukharji J., by which a scheme of arrangement referred to in the order dated 3rd May, 1967, has been sanctioned.2.The petitioner, Rivers Steam Navigation Company Limited (hereinafter referred to as the company), made an application for an order that compromise or arrangement be sanctioned by this court so as to be binding on all the members, secured creditors and unsecured creditors of the company and for further orders that all properties and assets of the company be transferred and vest in the new company, viz., Central Inland Water Transport Corporation Limited, free from the mortgages and charges in favour of the Chartered Bank and the liabilities of the company in favour of the State Bank of India and Government of India, be also transferred to and become the liabilities of the new company, Central Inland Water Transport Corporation Limited, and for other consequential reliefs.3. The company was incorporated in England on or about 10...
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT463(HC),2008(3)CHN945,(2009)ILLJ814Cal
Tapan Kumar Dutt, J.1. Heard the learned advocates for the respective parties.2. The facts of the case, very briefly, are as follows:The writ petitioner, Lakshmi Narayan Tandon, was an employee of Hindustan Commercial Bank Ltd. and he retired from his service on superannuation on 30.09.1986 and it appears that the writ petitioner's terminal benefits were paid to him by Punjab National Bank. In this context it may be put on record that on 24.05.1985 (when the petitioner was in services with the Hindustan Commercial Bank) a moratorium had been imposed in respect of Hindustan Commercial Bank Ltd., Kanpur and ultimately the said Bank merged with the Punjab National Bank by virtue of a notification dated 18th December, 1986. It further appears that by a Memorandum of Settlement dated 29th October, 1993 between a large number of banks (through the Indian Banks' Association) and their workmen (being represented by the All India Bank Employees' Association) a Settlement was recorded and a copy...
Tag this Judgment!Court : Kolkata
Reported in : [1975]45CompCas697(Cal)
Amiya Kumar Mookerji, J. 1. This rule is directed against two orders dated July 18, 1974, and September 6, 1974, by which the Monopolies and Restrictive Trade Practices Commission adjourned the hearing of the petitioners' application dated 11th March, 1974, and refused to raise preliminary issues Nos. 5 and 6.2. Petitioner No. 1 is an existing company, incorporated under the Indian Companies Act, 1913. Since 1966, petitioner No. 2 carries on business as sole selling agent of the petitioner No. 1. By an agreement dated April 1, 1971, petitioner No. 2 was reappointed as sole selling agent for a further period of five years. On June 1, 1970, the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as ' the said Act '), was brought into force. On 1st August, 1970, the Central Government established the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as 'the Commission'). On 30th August, 1972, respondent No. 6, Registrar of Restrictive...
Tag this Judgment!Court : Kolkata
Reported in : [1999]240ITR632(Cal)
Y.R. Meena, J.1. On a reference application, the Tribunal has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the sum of Rs. 13,35,467 is allowable under Section 40A(7)(b)(i) of the Income-tax Act, 1961 ?'The assessee is carrying on business of production and sale of electricity. On July 17, 1975, the electricity undertaking was taken over by the Bihar State Electricity Board and all assets, liabilities etc., vested in the said Board under the Bihar Electricity Supply Undertakings (Acquisition) Act, 1979. The compensation money receivable by the assessee-company for such acquisition was not finalised on the date of making assessment. The assessee had claimed the gratuity payable as on July 17, 1975, at Rs. 13,35.467 excluding a sum of Rs. 1,17,418 which was allowed in the assessment for 1974-75. The Assessing Officer disallowed the claim of the assessee on the ground that there is a provision for payment of gra...
Tag this Judgment!Court : Kolkata
Reported in : (2001)3CALLT49(HC)
M.H.S. Ansari, J.1. The grivence of the petitioners 19 in number in the instant writ petition is against the clarificatory order issued by the Central Government being annexure 'F' at pg. 63 of the writ petition, whereby it has clarified that the benefit of 'addition to qualifying service' under Regulation 26 of UBI Employees (Pension) Regulations. 1995 is to be extended to such employees who would be recruited by the bank in accordance with the Recruitment Rules which specify that in respect of such post the benefit of Regulation 26 of Pension Regulation 1995 would be admissible. The said clarification is in accordance with the second proviso to the said Regulation 26 which reads as under:'Provided further that this concession shall be admissible if the recruitment rules in respect of the said service or post contain specific provision that the service or post is one which carries benefit of this regulation.'2. In annexure 'F'. It was further intimated to the bank that only such emplo...
Tag this Judgment!Court : Kolkata Appellate
1. Courts of law are slow to interfere with an administrative order of an employer transferring its employee from one place to the other, if such 2 transfer is one of the terms and conditions of service of the employee concerned. It is only on limited grounds that an order of transfer could be assailed. If it is established that an order of transfer has been passed malafide, a Court may interfere. Interference could also be made if the transfer is totally contrary to statutory rules governing the same and shocks the conscience of the Court. Instances of interference, however, are few and far between in view of acknowledgement of the Courts that the employer is best suited to judge whom to transfer where so as to obtain optimal result. Interference is, by and large, by way of an exception. 2. Here, I am called upon to decide the present writ petition where validity, legality and/or propriety of an order dated March 24, 2007 issued by the Personnel Manager of Durgapur Chemicals Limited, ...
Tag this Judgment!Court : Kolkata
Reported in : (1968)IILLJ772Cal
JUDGEMENTD.N. Sinha, C.J.1. The facts in this cases are briefly as follows:The appellant is a co-operative society registered under the Bengal Co-operative Societies Act, Its object inter alia is to improve the poeuaiary condition of needy and indigent women who become its members. Needy and refugee women are given training in handicrafts and cottage industries for their maintenance. The appellant supplies raw material to its members and the artieies manufactured by them are sold either amongst the members of in the open market to wholesalers of retailers on commission basis. On of about 19 November 1950 respondent 4 Sujata Mitra was appointed superintendent of the home maintained by the appellant at a salary of Rs. 300 per month. The appointment was initially for a period of six months. The appointment of the said respondent came about in the following manner: For the purpose of running the establishment the home engages several workmen and it is run under the direct central and admin...
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